Injury Litigation

The legal process that allows you to recover compensation for your injuries and losses. Your lawyer for injury will construct strong evidence in your case, including eyewitness testimony, medical documents testimony of the defendant, expert witness opinions.

Your lawyer will then submit your lawsuit. Once the defendant has responded to the lawsuit, the case moves to a fact-finding stage called discovery.

The Complaint

Before a lawsuit is filed the person who has been injured (plaintiff) must conduct a an investigation prior to the filing of a lawsuit. This includes reviewing accident reports, conducting informal discovery, and identifying parties that could be liable and injury attorney legal remedies that can be brought against them.

The plaintiff can then file an order with a complaint. The complaint is a formal declaration of the party that is being sued and exposes the harm caused by the defendant's conduct or lack thereof. It usually includes a request for compensation to compensate the victim for their injuries, including medical bills and lost wages as well as pain and suffering, among other damages.

The defendant will then have 30 days to file a response or answer in which they acknowledge or deny the allegations made in the complaint. They can also add third party defendants or file counterclaims.

During the discovery phase where both sides exchange relevant information about their positions and the evidence in the case. This typically involves depositions written questions (called interrogatories) and requests for documents. This process usually occupies the majority of the timeline for the lawsuit. If there are any settlement options, these will be discussed. The case will then go to trial if there is no settlement. During this time the attorney will present your case before a judge or a jury and the defendant will put on their defense.

The Discovery Phase

Discovery is a formal phase that allows you and your legal team to exchange information with the other party and collect evidence. This may include witness statements, details about your medical treatment and proof of the losses you have incurred. Your attorney can use several tools to assist you during discovery, including interrogatories as well as requests for documents. Interrogatories are written queries which require a response in writing as well as requests for documents involve requesting all relevant documentation that is under the control of the parties. Requests for admission ask the other party to acknowledge certain facts. This can reduce time and cost since the attorneys do not have to prove these uncontested facts in court. Depositions are live conversations with witnesses. During these interviews, your attorney can ask them questions about the incident while under the oath. Their responses will be recorded and transcribed.

Discovery may seem like an uncomfortable, lengthy and tedious process, but it is necessary to gather the evidence needed to win your injury lawyer attorney - online - claim. Your lawyer will be in a position to discuss the details of the discovery process with you during your free consultation. If you try to hide an injury that has already been aggravated due to a medical condition that was already present the information could be found out during discovery and your case could be dismissed.

The Negotiation Phase

Reaching a negotiated settlement is the goal of most injury cases. This process usually involves an exchange of information back and with your lawyer and the insurance company of the party responsible. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can help you in deciding on the number of settlements you wish to negotiate and help in negotiations.

One of the difficulties of the process of settling an injury case is that the amount you are owed (including medical bills, lost income, and future losses - can be a volatile factor. Your injuries may get worse over time. This could result in a rise in future losses or reduce the value of your current losses. Your attorney will work to ensure that your damages are based on the current state of your injuries, and provide a full prognosis for future recovery.

Insurance companies often attempt to limit their payout by arguing against certain aspects of your claim. This can cause delays in settlement negotiations however, your lawyer has strategies to help you navigate these obstacles and get the best possible outcome for your case. Negotiating an agreement can sometimes be a lengthy process that can take months or years. Negotiations can last for months or even a whole year based on many factors.

The Trial Phase

While the majority of injuries cases are resolved through settlement talks outside of court, your attorney may choose to take your case to trial if a fair solution is not reached. This is a stressful, expensive and time-consuming procedure. The jury must also decide if you are compensated for your injuries and if so, how much. Your lawyer must thoroughly research your case to discover the circumstances of your injuries, the severity of damages, injuries, and costs.

Your attorney will then call witnesses and experts, and will present physical evidence, such as photos, documents, and medical reports. This is the "case-in-chief" phase. The defense attorney will call witnesses to testify as a argument against the plaintiff, and argue that plaintiffs should not be awarded damages. The judge or jury will then consider the evidence and arguments presented by both sides.

The judge will explain to jurors the legal standards that must be met in order for them to decide in the favor of plaintiff or against defendant. This is known as jury instruction. Each side then gives its closing arguments. If the jury fails to agree on a verdict and the judge decides to declare a mistrial. If you are not happy with the result of your trial, there might be a right to appeal.